Archived
Does previous owner receive "automatic stay" if he filed for Ch 13 bankruptcy on the day of auction sale, If property was sold
Derek's answer
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Answered on November 28, 2014
Different states have different laws about when foreclosure sales become final. But if the case was filed prior to the sale becoming final, which...
Archived
Regarding my homestead exemption in chapter 7 bankruptcy in Florida, if I don't claim it or use it, do I get $4,000?
Derek's answer
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Answered on November 26, 2014
No one will just pay you $4k. You can claim up to $4k in exempt property, but that is the maximum value of the amount of stuff that you can claim...
Archived
Chapter 7 with 1rst house w/reverse mortgage which bought a second house, How do we save houses at least the primary house ?
Derek's answer
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Answered on November 26, 2014
You really need to consult with an experienced local bankruptcy attorney, and as Mr. Blumenthal suggested, an elder law attorney as well. You have...
Archived
Is my conveyance of interest in my father estate subject to my estate if I were to declare bankcrupcy?
Derek's answer
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Answered on November 26, 2014
Depending on the exact percentage you owned (you stated that Dad got 75% but that you and your siblings got 25% each) and the value of that...
Archived
Can I file chapter 7 Banklcuptcy even though my income is higher than NJ medium income?
Derek's answer
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Answered on November 26, 2014
Yes, if the majority of your debt (including mortgages and car payments which are consumer debt) is business related or otherwise non-consumer debt...
Archived
I write valuation reports for mortgage valuation companies one on California is not paying me the owe me close to 2 k the have
Derek's answer
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Answered on November 25, 2014
This is an interesting question and, unfortunately for you, one that would be expensive to figure out. Realistically, you are probably lucky they...
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Archived
Would I get relief from automatic stay in a Chapter 7 if I have a civil suit against debtor for defective work?
Derek's answer
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Answered on November 25, 2014
In order to get relief from the automatic stay you have to have a reason that is recognized by the bankruptcy code as being valid. The...
Archived
Trustee for Chapter 7 Bankruptcy filed complaint to reverse discharge
Derek's answer
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Answered on November 25, 2014
Hire an attorney to file a written response to the trustee's complaint. NOW.
Archived
Can a payday advance loan be submitted to a Chapter 13 bankruptcy?
Derek's answer
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Answered on November 24, 2014
If you're asking whether the payday advance loan can be discharged by her Ch13, NO it cannot. Debt incurred after the date of filing are not...
Archived
Do I file a civil suit or go back to Family court because ex-husband filed chapter 7 and listed me as a creditor?
Derek's answer
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Answered on November 24, 2014
Ch7 does not discharge debts for family obligations and equitable distribution issues (which this is). His personal liability to the original...
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